Overview:

Summary

The Local Government and Social Care Ombudsman investigated a complaint about the Grange Care Centre (Cheltenham) Limited withholding fees for the care provided to the complainant’s late mother. The woman paid her fees in full, before NHS-funded nursing care payments (FNC) were awarded retrospectively. We found the care provider: had no clear contract setting out what happens when a person is awarded FNC; did not provide a statement of account for money it still held; increased care fees to include the FNC without notice; and did not respond properly to the complaints. This leaves the woman’s estate out of pocket for payments made before NHS funding was applied.

The Ombudsman’s recommendations

Amongst the recommendations we made for the care provider to remedy the complaint was to:

• reissue a final invoice, with NHS payments deducted, and reimburse the woman’s estate if there is a credit.

The Grange Care Centre (Cheltenham) Limited’s response

The Grange Care Centre (Cheltenham) Limited says it has not done what we asked because it considers the contract was clear. As the woman had passed away it says it had no chance to give notice of fee increases. It says the nature of an FNC means needs have increased and the care provider should be paid to meet those needs. It has however amended its contract to make this explicit. It has also agreed to reduce the outstanding balance of the account by 50%.

The Ombudsman's view

We are not satisfied with what The Grange Care Centre (Cheltenham) Limited has done as it has not fully remedied the financial injustice for the complainant. It has not deducted the NHS payments from any outstanding arrears and reimbursed any surplus.

We will share this notice with the Care Quality Commission – the regulator for health and social care in England. They can use it in future inspections of The Grange Care Centre (Cheltenham) Limited.

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